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Bombay High CourtAO/6/2026disposed off

Abu Bakar Irshad Khan And Others v. Gurunath Jaganath Gaikwad And Others

2026-01-17Hon'Ble Shri Justice Milind N. Jadhav2 pages

123.AO.6.2026+.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.6 OF 2026 WITH INTERIM APPLICATION NO.56 OF 2026 IN APPEAL FROM ORDER NO.6 OF 2026 Abu Bakar Irshad Khan And Others .. Appellants

Versus

Gurunath Jaganath Gaikwad And Others .. Respondents ....................

 Ms. Arundhati Korale, Advocate i/by SNG & Partners for Appellants. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 17, 2026 P.C.

:

1.

Mentioned out of turn.

2.

Heard Ms. Korale, learned Advocate for Appellants. She expresses exigency at the time of rising. She is heard in the matter. 3.

She would submit that third party rights have been created and after plotting is done of the suit property , the plots are in the process of been sold by the Respondents to the detriment of the Appellants.

4.

She would therefore persuade the Court to grant status quo so that the suit property is not dealt with further which would otherwise lead to multiplicity of proceedings. Grant of status quo can only be allowed by the Court after hearing the Respondents.

123.AO.6.2026+.doc 5.

One of the grievance made by Ms. Korale is that despite having been served with the Interim Application, since November - 2025 no reply has been filed thereto.

6.

In that view of the matter, Respondents are directed to file their Affidavit-in-Reply before the next adjourned date positively. 7.

If the Affidavit-in-Reply is not filed by Respondents, this Court shall be constrained to hear Appellants and pass appropriate orders in accordance with law which shall be noted by Respondents. 8.

A copy of this order shall be forthwith served on Advocate for Respondents by Advocate for Appellants.

9.

Stand over to 22nd January, 2026.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2026.01.17 16:48:07 +0530 HARSHADA HANUMANT SAWANT